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User Agreement - Privacy Policy - Refund / Return Policy

Hello!

Welcome to GearTrader.net. In using the service GearTrader.net provides, you are agreeing to the following terms.
Before you are able to become a member of GearTrader.net, you must read and accept all of the terms and conditions in this User Agreement and Privacy Policy.
This Agreement is in effect upon acceptance for new users.

Using GearTrader.net

While using this Site, you cannot:

• post content or items inappropriate for this site.
• post content or items in an inappropriate category or areas on the Site.
• use the Site if you are unable to form legally binding contracts, or under the age of 18.
• fail to deliver payment for items purchased by you, unless the seller changed the item’s description or has falsely described the item and its valuable intricacies.
• fail to deliver items purchased from you, unless you cannot authenticate the buyer's identity.
• manipulate the price of any item or interfere with other user's listings.
• manipulate our fee structure, billing process, or fees owed to GearTrader.net.
• post false content (including personal information).
• post spam, chain letters, or pyramid schemes.
• distribute viruses that may damage GearTrader.net’s infrastructure.
• harvest or otherwise collect information about users, including email addresses, without their consent.

Any user not adhering to these rules will be removed from the GearTrader.net site.
We reserve the right to refuse service based on user activities.

Fees, Collections, and Services

Joining GearTrader.net and bidding on items is free of charge, although we do charge fees for listing items. When you list an item that has a fee, you have a chance to
review and accept the fees that will be charged based on our Listing Fees schedule, which we may occasionally change. We will notify every user of Fees Schedule changes
and other policy related changes with at least a two week notice.

GearTrader.net also has “Closing Fees,” which are fees associated with an auction that has been closed due to a winning bid. Once a winning bid has been received and the
auction is closed, the Seller must pay a closing fee to GearTrader.net, payments are based on our Closing Fees Schedule.
We may occasionally change our fee structure. We will notify every user of Closing Fees Schedule changes and other policy related changes with at least a two week notice.

If Seller fails to pay closing fees for their posted auction, they will immediately be removed from the site and/or be given negative feedback by GearTrader.Net’s administrative staff.

A Word About Sales Tax

By using Gear Trader.net you agree to comply with all applicable U.S. and international laws, statutes, ordinances, and regulations.
As the seller, you are obligated to inform all buyers of applicable sales and use tax.
Failure to do so is a violation of state and federal law.

Gear Trader.net indemnifies itself from any tax liability.

All fees are in U.S. Dollars. You are responsible for paying all fees and taxes associated with GearTrader.net in a timely manner.
If your payment method fails or your account is past due, we will collect fees owed by automatically deducting the amount from your account balance.

Liability - Close Window

You will not hold GearTrader.net responsible for other users' actions or inactions, involving things they say or items they post.
You acknowledge that GearTrader.net is a virtual venue joining musicians and music lovers and providing them with a safe place to offer, sell, and buy anything music related.
We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised,
the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

In accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), legal ownership of an item is transferred upon physical delivery of the item
to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller.
Gear Trader.net is not involved in the legal ownership of items from the seller to the buyer.

Release

If you have a dispute with one or more users, you release GearTrader.net from claims, demands and damages of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes. Henceforth, the registered member waives California Civil Code §1542.

If you are not completely satisfied with Gear Trader.net and the service it provides, please submit in writing a request for refund
within 5 days of your transaction. If we find you are due a refund, requested fees will be refunded in the manner in which they were received.
Click here to submit your request. Please include all relevant information.

Access and Interference

Much of the information on GearTrader.net is updated on a daily basis and is licensed to GearTrader.net.
You agree that you will not use any automated means to access our site for any purpose.

Henceforth, you agree that you will not:

• take any action that imposes a large load on our network infrastructure.
• copy, reproduce, and/or modify GearTrader.net content without our written consent

We do not sell your personal information to third parties for their marketing purposes without your consent. GearTrader.net registered member privacy is extremely important to us.
We store your information on computers that are protected by physical and technological security devices. You can modify the information you provide and choose not to receive
certain communications under the “Members” section. If you object to your information being viewed by our secure administrative team, please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including attorneys' fees,
made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed
entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GearTrader.Net must be
resolved by a court located in Orange County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting
relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such
arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the
following rules:
a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

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